J. Michael Shedd and Marita Shedd - Page 2




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                                            Penalty                                  
                    Year      Deficiency     Sec. 6662(a)1                            
                    1994      $26,835        $5,367                                   
                    1995      26,387         5,277                                    
               Respondent determined income tax deficiencies and penalties            
          for  petitioner J&J Management Group, Inc. (J&J), docket No.                
          3210-99, as follows:                                                        
                                            Penalty                                  
                    Year      Deficiency     Sec. 6662(a)1                            
                    1994      $3,402         $680                                     
                    1995      31,913         6,383                                    
               1 Respondent has conceded that petitioners are not liable              
          for sec. 6662(a) penalties for the 1994 or 1995 taxable year.               
          Respondent concedes that the Shedds did not receive constructive            
          dividends for 1994.                                                         
               Unless otherwise indicated, all section references are to              
          the Internal Revenue Code in effect for the taxable periods under           
          consideration, and all Rule references are to the Tax Court Rules           
          of Practice and Procedure.                                                  
               The primary issue for our consideration is whether advances            
          from J&J to TLC Management, Inc. (TLC), were business loans or              
          contributions to capital.  If we decide that they were business             
          loans, we must then decide whether J&J is entitled to a bad debt            
          deduction under section 166.  If we find that the advances were             
          contributions to capital, we must then decide whether the                   
          advances should be treated as constructive dividends from J&J to            
          the Shedds, in light of Mr. Shedd’s ownership of stock in both              
          J&J and TLC.                                                                







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